Title 33 — Property

A. A majority of freeholders owning land in any township, as farmers or ranchers, may petition the board of supervisors of the county where the lands are located, requesting a survey of the lands of the township to establish permanent landmarks at section and quarter section corn…

A. The county's land surveyor shall make a certificate of full and correct minutes or field notes of the survey, disclosing the exact bearings and distances from each monument to the monument nearest it on any line in the township, and he shall also take bearings and distances fr…

A. Landmarks or monuments established under the provisions of this article shall be set at the section corners and quarter section corners established by the United States survey. If there is a clerical error or omission in the government field notes or bearings, trees, mounds, f…

A. Any person who is registered as a land surveyor under title 32, chapter 1 or who is an employee of the United States government may enter upon lands within this state to perform necessary work relating to land surveys, and may establish permanent monuments and erect the necess…

A. A land surveyor shall file a record of a land survey not later than ninety days after its completion with the county recorder of the county where the land is located if such survey establishes points or lines relating to land boundaries or property lines disclosing: 1. A mater…

A. A land surveyor shall complete, sign and file or cause to be filed with the county recorder of the county in which the corner is situated, a written record of the establishment or restoration of public land corners as established by cadastral surveys of the United States gener…

A. The Arizona coordinate system, 1983, is the system of plane coordinates which has been established by the national geodetic survey for defining and stating the positions or locations of points on the surface of the earth in this state. B. The Arizona coordinate system, 1983, c…

A. The plane coordinates of a point on the earth's surface, to be used in the position or location of such point in the appropriate zone of the system, shall consist of two distances, expressed in feet and decimals of a foot (foot value 0.3048 meter exact). One of these distances…

A. The position of the Arizona coordinate system shall be marked on the ground by horizontal control stations which have been established in conformity with standards adopted by the federal geodetic control committee for first order, second order class I or second order class II …

If a tract of land to be defined by a single description extends from one into another of the coordinate zones established by this article, the position of all points on its boundaries may be referred to as either of the two zones, the zone which is used being specifically named …

Nothing contained in this article requires any purchaser or mortgagee to rely on any land description, any part of which depends exclusively on the Arizona coordinate system, 1983.

If coordinates based on the Arizona coordinate system, 1983, are used to describe a tract of land which in the same document is also described by reference to a subdivision, line or corner of the United States public land surveys, the description by coordinates shall be construed…

A. Extensions and densifications of the ground marking system of the Arizona coordinate system, 1983, shall be executed in conformity with the standards and specifications of the federal geodetic control committee for first order, second order class I and second order class II su…

Coordinates based on the Arizona coordinate system, 1983, shall not be presented to be recorded in any public land records unless the recording document also contains the descriptions of not less than two horizontal control stations of first order, second order class I or second …

A. Estates in lands, as respects the extent of the interest of the holder, are divided into: 1. Estates of inheritance. An estate of inheritance shall be termed a fee simple or fee, and when not defeasible or conditional shall be a fee simple absolute. 2. Estates for life. 3. Est…

A. Estates of inheritance and for life are freehold estates, except that an estate for the life of a third person, whether limited to heirs or otherwise, is a freehold only during the life of the grantee or devisee, and after his death is a chattel real. B. Estates for years are …

Estates in lands, as respects the time of enjoyment, are divided into: 1. Estates in possession. An estate in possession is one in which the owner thereof has an immediate right to possession of the land. 2. Estates in expectancy. An estate in expectancy is one in which the right…

A. Estates in expectancy are divided into: 1. Reversions. A reversion is the residue of an estate left in a grantor or his heirs, or in the heirs of a testator, commencing in possession upon the determination of a particular estate granted or devised. 2. Future estates. A future …

A. A future estate is vested when there is a person in being who would have immediate right to the possession of the lands upon the termination of the intermediate or precedent estate. B. A future estate is contingent while the person to whom, or the event upon which it is limite…

A. A freehold estate or a chattel real may be created to commence at a future time, subject to the provisions of this chapter. B. Estates in expectancy are descendable, devisable and alienable as estates in possession. C. An estate of freehold or inheritance may be made to commen…

Two or more future estates may be created to take effect in the alternative, so that if the first in order fails to vest, the next in succession shall be substituted for it and take effect.

The time of creation of an estate in expectancy is the time of: 1. Delivery of the grant if the estate in expectancy is created by grant. 2. Death of the testator if the estate in expectancy is created by devise.

A. A devise, gift, grant or other conveyance which creates or transfers an estate which, at common law, would be an estate in fee tail, shall be deemed and have the effect of a conveyance in fee simple. B. A devise, gift, grant or other conveyance made by a person holding an esta…

An estate in expectancy may not be defeated or barred by alienation or other act of the owner of the intermediate or precedent estate, nor by destruction of the precedent estate by disseizin, forfeiture, surrender, merger or otherwise, except in the manner provided or authorized …

A. An estate in expectancy may be defeated in any manner provided or authorized by the grant or devise by which the expectant estate was created. B. An estate in expectancy thus defeasible is not, on that ground, void in its creation.

A. A remainder may be limited on a contingency which, if it should happen, will operate to abridge or determine the precedent estate. Such a remainder shall be construed a conditional limitation and shall have effect as such. B. No future estate, otherwise valid, shall be void on…

A. A remainder valid in its creation is not defeated by determination of the precedent estate before the contingency occurs upon which the remainder is limited to take effect. If the contingency occurs after determination of the precedent estate, the remainder shall take effect a…

When a remainder is limited to the heirs or heirs of the body of a person to whom a life estate in the same premises is given, the persons who, on the termination of the life estate, are the heirs or heirs of the body of the life tenant shall take as purchasers by virtue of the r…

An estate for life may be created in an estate for a term of years and a remainder may be limited thereon.

When a remainder on an estate for life or on an estate for years is not limited upon a contingency defeating or avoiding the precedent estate, it shall take effect only on the death of the first taker or the expiration of the term of years.

When a remainder is limited to take effect upon the death of a person without heirs or heirs of his body, or without issue, the words "heirs" or "issue" shall mean heirs or issue living at the death of the person named as ancestor.

A. When a future estate is limited to heirs, issue or children, posthumous children shall take as if born before the death of the parent. B. A future estate contingent upon the death of a person without heirs, issue or children is defeated by birth of a posthumous child of such p…

When rents and profits are directed to be accumulated for the benefit of an infant entitled to the estate in expectancy, and the infant is without other sufficient means of support and education, the superior court, upon application of the guardian of the infant, may direct that …

When in consequence of a valid limitation of an estate in expectancy there is a suspension of the power of alienation, or ownership, during the continuance of which the rents and profits are undisposed of and no valid direction for their accumulation is given, the rents and profi…

The common law rule known as the rule against perpetuities shall hereafter be applicable to all property of every kind and nature and estates and other interests therein, whether personal, real or mixed, legal or equitable by way of trust or otherwise.

In this article, unless the context otherwise requires: 1. "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations for conservation purposes or to preserve the historical, architectural, archaeological or…

A. Except as otherwise provided in this article, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements. For the purposes of this article, conservation easements s…

A. An action affecting a conservation easement may be brought by: 1. An owner of an interest in the real property burdened by the easement. 2. A holder of the easement. 3. A governmental body, charitable corporation or trustee of a charitable trust having a third party right of e…

A. A conservation easement, or any assignment, release, modification, termination or other document altering or affecting a conservation easement, is only valid if recorded with the county recorder of the county in which any portion of the real property burdened by the conservati…

A conservation easement created under this article: 1. Has the same rights as any other recorded interest in real property. 2. Is subject to all laws of this state pertaining to recording of interests in real property and laws relating to adverse possession. 3. Is subject to the …

A. This article applies to any interest created after its effective date which complies with this article, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement or otherwise. B. This article does not invalidate any interest, wh…

Every keeper of a hotel, inn, boarding, lodging or apartment house, or auto camp, shall post in a conspicuous place in the office or public room, and in every bedroom of the establishment, a printed copy of sections 33-951 and 33-952, with a printed statement of charges by the da…

A. An innkeeper who maintains a fireproof safe and gives notice by posting in a conspicuous place in the office or in the room of each guest that money, jewelry, documents and other articles of small size and unusual value may be deposited in the safe, is not liable for loss of o…

A. A person who knowingly refuses to rent to any other person a place to be used for a dwelling for the reason that the other person has a child or children, or who advertises in connection with the rental a restriction against children, either by the display of a sign, placard, …

A tenant shall exercise diligence to maintain the premises in as good condition as when he took possession, ordinary wear and tear excepted.

Removal or intentional and material alteration or damage of any part of a building, the furnishings thereof, or any permanent fixture, by or at the instance of the tenant, without written permission of the landlord or his agent, is a class 2 misdemeanor.

Every person in possession of land out of which rent is due is liable for the amount or proportion of rent due from the lands in his possession, although it is only a part of the land originally demised, without depriving the landlord of other legal remedies for recovery of rent.

When a person enters into possession of real property under a lease, he may not, while in possession, deny the title of his landlord in an action brought upon the lease by the landlord or a person claiming under him.

A. A tenancy from year to year terminates at the end of each year unless written permission is given to remain for a longer period. The permission shall specify the time the tenant may remain, and upon termination of such time the tenancy expires. B. A lease from month to month m…

When a lessee holds over and retains possession after expiration of the term of the lease without express contract with the owner, the holding over shall not operate to renew the lease for the term of the former lease, but thereafter the tenancy is from month to month.